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New York

Statute of limitations for wrongful death in New York

New York wrongful-death claims are brought by a personal representative and generally must be filed within two years after the decedent's death. If a related criminal case is filed against the same defendant, the statute gives the representative at least one year after that criminal case terminates.

SoL period
2 years
From the date the cause of action accrues

Compute your deadline

Filing deadline
—

Where this rule comes from

Statute
N.Y. Est. Powers & Trusts Law § 5-4.1
"A wrongful-death action must be commenced within two years after death."
Read the full statute Last verified May 7, 2026 by Juryvine Editorial

Frequently asked

What is the statute of limitations for wrongful death in New York?
2 years from the date the cause of action accrues. Authority: N.Y. Est. Powers & Trusts Law § 5-4.1.

Wrongful Death statute by state

California 2 years Florida 2 years Illinois 2 years Pennsylvania 2 years Texas 2 years

Other New York statutes of limitations

Personal Injury 3 years Medical Malpractice 2 years 6 months Breach of Written Contract 6 years Breach of Oral Contract 6 years Fraud 6 years Civil Rights — 42 U.S.C. § 1983 3 years Premises Liability 3 years Product Liability 3 years
Not legal advice. Statutes of limitations are governed by complex doctrine with many exceptions. Use this page as a starting point and verify with an attorney before relying on any deadline. Juryvine is not a law firm and does not represent clients.